Wednesday, March 20, 2013

Why Montana assisted suicide bill HB 505 is Needed Now

A.
Baxter is ConfusingThe Baxter case did not legalize
physician-assisted suicide. Its holding is limited to giving doctors a defense
to prosecution for homicide. Civil liability is not addressed.Suicide
proponents, including Dr. Stephen Speckart, have conceded the lack of
legality.[1] Baxter is, however, confusing with even lawyers unable to agree on
its meaning.[2] B. The Confusion has Allowed Suicide Proponents to
Claim that Assisted Suicide is Legal

This confusion has allowed suicide proponents to claim that assisted suicide is legal. Indeed, they have convinced the Board of Medical Examiners to issue a statement implying that assisted suicide is legal. This is "Position Statement No. 20," also called "Board Advisory No. 20." [3]

C. Suicide Proponents are Attempting to Recruit
Doctors

Suicide proponents have been actively recruiting doctors to perform assisted suicides with the false assurance that it is legally safe to do so.[4] A doctor so recruited could find himself sued or even convicted of a homicide. On the other hand, the present confusion could frustrate a civil and/or criminal action by an aggrieved party, such as a son and daughter outraged that the doctor has caused their father's suicide.With the present situation, it’s hard to know legally what will happen. Meanwhile, there is no assurance that any such suicide will be voluntary and/or not the product of abuse or coercion, for example, in the inheritance situation. There is no assurance that the victim will not be a person with many quality years left to live, if only he or she had not been steered to suicide.

D. The
Solution

If instead, the law is clarified that physician-assisted suicide is not legal, there will be a clear tool for law enforcement, the medical profession and other interested parties to protect citizens from the negative consequences of assisted suicide legalization (pressure, steerage, people throwing their lives away, etc.).HB 505 does this by clarifying Montana’s existing prohibition against “aiding or soliciting suicide” in 45-5-105. The bill states:

"A person who purposely aids or solicits another person to commit suicide, but such suicide does not occur, including physician-assisted suicide, commits the offense of aiding or soliciting suicide."[5]